EB-3 Employment third preference: skilled workers, professionals and other workers
EB-3 is the workhorse employment category. It covers three groups: skilled workers whose job needs at least two years of training or experience, professionals whose job needs a bachelor's degree, and other workers whose job needs less than two years of training. All three need a permanent full-time job offer and, with narrow exceptions, a labour certification from the Department of Labor.
- Срок
- permanent
- Продление
- Not applicable. Residence is unconditional and renewed on Form I-90 every ten years. An approved I-140 keeps its priority date, which is what makes an EB-2 to EB-3 downgrade possible.
- Работа
- Yes, without restriction once residence is granted. An EAD under (c)(9) is available while the I-485 is pending. Until residence is granted the case is tied to the sponsored position, subject to AC21 portability to a same-or-similar job after the I-485 has been pending 180 days.
- Члены семьи
- Spouse and unmarried children under 21 are derivatives with the same priority date, and may apply with the principal or follow to join.
- Путь к грин-карте
- PERM labour certification, then Form I-140, then Form I-485 or consular processing on the DS-260 when the priority date is current. Because a priority date is portable between EB-2 and EB-3, a beneficiary with an approved EB-2 petition can file a second I-140 in EB-3 to use whichever category is moving - which in September 2026 is the point, for Indian nationals, since EB-2 India is unavailable while EB-3 India stands at 01JAN14.
- Срок рассмотрения
- The Department of Labor stage dominates. As of 31 August 2026 DOL reported PERM analyst review averaging 336 calendar days, with the prevailing wage queue working May 2026 receipts and redetermination and Center Director reviews at June 2026. Current figures are at flag.dol.gov/processingtimes. The I-140 can be decided in 15 business days with premium processing at $2,965. Then comes the queue: for Indian nationals, a September 2026 EB-3 final action date of 01JAN14 means a wait of more than twelve years.
- Годовая квота и очереди
- 28.6% of the worldwide employment-based preference level, plus any numbers not required by the first and second preferences, of which not more than 10,000 may go to other workers. For FY2026 the NACARA offset reduces the other worker limit by 116. The FY2026 worldwide employment-based limit is 186,317, the per-country limit 28,862 (29,136 with carryover) and the dependent area limit 8,247 (8,325 with carryover). September 2026 EB-3 final action dates: all chargeability areas 01SEP24, China-mainland born 01JAN22, India 01JAN14, Mexico 01SEP24, Philippines 01AUG23. Other workers: all areas 01APR22, China 01MAY19, India 01JAN14, Mexico 01APR22, Philippines 01DEC21. Dates for filing, EB-3: all areas C, China 08JAN22, India 15JAN15, Mexico C, Philippines 01JAN24. Other workers dates for filing: all areas 01AUG22, China 01OCT19, India 15JAN15, Mexico 01AUG22, Philippines 01AUG22.
Кто подходит
- Skilled workers - people capable of skilled labour where the job requires at least two years of training or experience, not of a temporary or seasonal nature. Relevant post-secondary education may count as training
- Professionals - people holding at least a U.S. bachelor's degree or foreign equivalent who are members of the professions, where the job requires a minimum of a bachelor's degree
- Other workers, sometimes called unskilled workers - people capable of unskilled labour where the job requires less than two years of training or experience, not temporary or seasonal
- In every case, someone who meets the educational, training and experience requirements stated on the labour certification
- Schedule A occupations are exempt from individual labour certification for skilled workers and professionals: Group I covers professional nurses and physical therapists, Group II covers exceptional ability in the sciences or arts including college and university teachers, and exceptional ability in the performing arts. Other workers cannot use Schedule A
Требования
- A permanent, full-time job offer from a U.S. employer
- A Department of Labor approved Form ETA-9089 labour certification, or an approved application for Schedule A designation where available
- Skilled workers: the certification must require at least two years of experience or training, and you must show you meet it, through academic records and letters from current or former employers
- Professionals: the certification must require at least a U.S. bachelor's or foreign equivalent and a bachelor's must be the normal entry requirement for the occupation. Education and experience may not be substituted for the degree
- Other workers: the certification must require less than two years of training or experience
- Evidence of the employer's continuing ability to pay the offered wage from the priority date onward
- Admissibility under INA 212(a) or an available waiver
Как подать
- 1
The employer obtains a prevailing wage determination on Form ETA-9141, which is valid between 90 days and one year.
- 2
The employer runs the required recruitment: for a professional position, a 30-day state workforce agency job order, two Sunday newspaper advertisements, and three of ten additional recruitment steps, plus a 10 business day internal notice of filing.
- 3
The employer files Form ETA-9089 through the Department of Labor FLAG system. That filing date is the priority date. A certification, once issued, is valid for 180 days.
- 4
The employer files Form I-140 with the certified ETA-9089 and Final Determination, evidence the beneficiary meets the stated requirements, and ability-to-pay evidence.
- 5
Schedule A cases skip DOL: file a completed uncertified ETA-9089 with appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1.
- 6
When the priority date is current, file Form I-485 with I-765 and I-131 as needed, or consular process on the DS-260.
- 7
If EB-2 is backed up and EB-3 is not for your chargeability, file a second I-140 in EB-3 requesting the earlier priority date.
Сборы и формы
| Form I-140, paper filing | $715 |
| Form I-140, online filing | $665 |
| Asylum Program Fee, employer with more than 25 full-time employees | $600 |
| Asylum Program Fee, small employer of 25 or fewer full-time employees | $300 |
| Asylum Program Fee, nonprofit petitioner | $0 |
| Form I-907 premium processing for an I-140 | $2,965 |
| PERM labour certification with the Department of Labor | $0 government fee; recruitment and attorney costs must be borne by the employer and cannot be passed to the worker |
| Form I-485, applicant 14 or older, paper | $1,440 |
| Form I-765 with an I-485 filed on or after 1 April 2024 | $260 |
| DS-260 employment-based immigrant visa application processing | $345 per person |
| USCIS Immigrant Fee | $235 per person |
Что изменилось в 2025 и 2026 годах
- 9 September 2025 - EB-3 and the other worker subcategory both reached their FY2025 annual limits and went unavailable for the rest of that fiscal year. The same thing can happen again before 30 September 2026.
- September 2026 Visa Bulletin - EB-2 India is unavailable while EB-3 India stands at 01JAN14, so a number can be issued in EB-3 and cannot in EB-2. On the dates for filing chart both sit at 15JAN15.
- FY2026 - the NACARA reduction to the 10,000 other worker limit is 116.
- 15 June 2026 - Department of Labor guidance requiring an English language proficiency standard in labour certifications for jobs operating a commercial motor vehicle took effect, following Executive Order 14286 of 28 April 2025. USCIS will generally accept a visa issued after 15 June 2026 for such a position as proof of proficiency; otherwise the petition needs a standardised English test result or a signed employer statement.
- 27 March 2026 - DOL proposed revising the four-tier prevailing wage computation for PERM (91 FR 15454, RIN 1205-AC30). Comments closed 26 May 2026 and the rule is not final.
- 19 September 2025 - DOL launched Project Firewall, an enforcement programme in which the Secretary personally certifies investigations, with debarment of at least a year on findings. It is aimed at H-1B but sits over the same employer population.
- 5 August 2026 - policy update PA-2026-05 permits denial for missing initial evidence without an RFE or notice of intent to deny.
- 1 March 2026 - I-140 premium processing rose to $2,965.
- 1 January 2026 - annual inflation adjustment to the H.R. 1 fees.
- 21 May 2026 - USCIS policy memorandum PM-602-0199 treating adjustment of status as an extraordinary discretionary relief.
- 20 July 2026 - public charge final rule rescinding the 2022 regulations, effective 18 September 2026. EB-3 applicants are subject to the public charge ground.
- FY2026 - worldwide employment-based limit 186,317, per-country limit 28,862.
Где чаще всего ошибаются
- Substituting experience for the bachelor's degree in the professional subcategory. It is expressly not permitted, and a case built that way belongs in EB-2 or in skilled worker.
- Letting the PERM certification lapse. It is valid for 180 days, and the recruitment behind it has its own shelf life.
- Qualifications acquired after the priority date. The beneficiary must have met the stated requirements as of the priority date, not by the time the I-140 is adjudicated.
- Other worker cases in particular. With a 10,000 annual limit reduced by 116 in FY2026 and a September 2026 date of 01APR22 worldwide, the subcategory runs out early most years.
- Downgrading from EB-2 to EB-3 without keeping the earlier I-140. Retaining the priority date requires the earlier petition to remain valid and not revoked.
- Filing an I-485 late in the fiscal year on the assumption a current date will hold. EB-3 went unavailable on 9 September 2025 and the September 2026 bulletin warns categories may go unavailable again before 30 September.
Также в категории Employment preference
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